Drawbridge Operation Regulation; Alabama River, AL, 57022-57024 [2012-22778]
Download as PDF
<![CDATA[
57022
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0854]
Drawbridge Operation Regulation;
Shark River, Avon, NJ
Coast Guard, DHS.
ACTION: Notice of temporary deviation
from regulations.
AGENCY:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the operation of
the draws of three bridges which
operate as one unit, specifically, the S71
bridge, mile 0.8, the railroad bridge,
mile 0.9, and the S35 bridge, mile 0.9,
all of which are across the Shark River
(South Channel), at Avon Township, NJ.
This deviation is necessary to facilitate
stringer replacement on the Shark River
railroad bridge. This temporary
deviation will allow the drawbridges,
which operate in unison, to remain in
the closed-to-navigation position on
specific dates and times.
DATES: This deviation is effective from
10 p.m. September 21, 2012 until 6:00
a.m. on September 24, 2012 and from 10
p.m. September 28, 2012 until 6:00 a.m.
October 1, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket USCG–2012–0854 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2012–0854 in the ‘‘Keywords’’ box, and
then clicking ‘‘Search’’. This material is
also available for inspection or copying
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Jim Rousseau, Bridge
Management Specialist, Fifth Coast
Guard District, telephone (757) 398–
6557, email
James.L.Rousseau2@uscg.mil. If you
have questions on reviewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, 202–366–9826.
SUPPLEMENTARY INFORMATION: The New
Jersey Transit, owner and operator of
the Shark River Railroad Bridge across
the Shark River (South Channel), mile
0.9, at Avon, NJ, has requested a
temporary deviation from the current
operating regulations set out in 33 CFR
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:41 Sep 14, 2012
Jkt 226001
117.751, to accommodate stringer
replacement for the Shark River Bridge.
The Shark River Railroad Bridge
across the Shark River, mile 0.9, is a
bascule lift Bridge, in Avon Township,
NJ, and has a vertical clearance in the
closed position of 10 feet, above mean
high water.
Because the draw of the Shark River
bridge operates in unison with the S71
bridge, mile 0.8, and the S35 bridge,
mile 0.9, all across Shark River at Avon
Township, NJ, the draws of these two
bridges will also be restricted under this
deviation. These bridges are also
bascule lift bridges and have a vertical
clearance of 13 and 10 feet respectively.
The current schedule the Shark River
Railroad Bascule Bridge operating
regulations are set out in 33 CFR
117.751. Under normal operating
conditions, the draws of S71 bridge,
mile 0.8, the railroad bridge, mile 0.9,
and the S35 bridge, mile 0.9, all at
Avon, operate as one unit.
Under this temporary deviation, the
above mentioned drawbridges will be
allowed to remain in the closed-tonavigation position for the half hour
opening requests and only open on the
hour from 11:00 p.m. Friday September
21, 2012 to 6:00 a.m. on Monday
September 24, 2012 and Friday
September 28, 2012 to 6:00 a.m. on
Monday October 1, 2012 to
accommodate stringer replacement.
Vessels able to pass under the spans
when closed may transit under the
drawbridges while they are in the closed
position. Mariners are advised to
proceed with caution. The Coast Guard
will inform mariners and other users of
the waterway through local broadcast
Notices to Mariners. These broadcasts
will include information of the limited
operating schedule for the drawbridge
so that vessels can rearrange their transit
in order to minimize any impacts
caused by the temporary deviation.
There are no alternate routes for vessels
and the bridge will be able to open in
the event of an emergency.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: September 6, 2012.
G.D. Case,
Captain, U.S. Coast Guard, Fifth Coast Guard
District.
[FR Doc. 2012–22774 Filed 9–14–12; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0181]
RIN 1625–AA09
Drawbridge Operation Regulation;
Alabama River, AL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulation governing the Meridian
and Bigbee Railroad (MNBR) swing span
bridge across the Alabama River at
Selma, Dallas County, Alabama. Due to
the infrequent requirement to open the
bridge for the passage of vessels, the
owner has requested a change allowing
the bridge to open only on signal if at
least 24-hours advanced notification is
given.
SUMMARY:
DATES:
This rule is effective October 17,
2012.
Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2012–
0181 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0181 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this final rule,
call or email David Frank, Bridge
Administration Branch; telephone 504–
671–2128, email
David.M.Frank@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On May 21, 2012, we published a
notice of proposed rulemaking (NPRM)
E:\FR\FM\17SER1.SGM
17SER1
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations
entitled ‘‘Drawbridge Operation
Regulation; Alabama River, AL’’ in the
Federal Register (77 FR 29924). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
B. Basis and Purpose
The MNBR swing span bridge crosses
the Alabama River at mile 205.9, at
Selma, Dallas County, Alabama. The
bridge is currently maintained in the
closed-to-navigation position, opening
only for the passage of marine traffic.
The bridge has a vertical clearance of 26
feet above ordinary high water in the
closed-to-navigation position and
unlimited in the open-to-navigation
position. No alternate routes are
available.
Due to the limited number of
openings of the drawbridge, an average
of one opening per year, the bridge
owner requested a change to the
operating schedule that would allow the
bridge to open on signal if at least 24hour advanced notification is given.
Presently, the bridge opens on signal for
the passage of vessels; however, three
other bridges on the waterway open on
signal if at least 24-hour advanced
notification is given. The existing
bridges are located at mile 105.3, at Coy,
Alabama, and mile 277.8 and mile
293.3, both in Montgomery, Alabama.
C. Discussion of Comments, Changes,
and the Final Rule
As part of the NPRM process, a 60-day
comment period was provided to allow
for comments regarding the proposed
change. No comments were received
and no changes were made to the rule
as proposed.
tkelley on DSK3SPTVN1PROD with RULES
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
Very few vessels will be impacted.
Those few vessels should be able to
provide adequate advanced notification
VerDate Mar<15>2010
16:41 Sep 14, 2012
Jkt 226001
of their arrivals as is already done on
this waterway for three other movable
bridges located upstream and
downstream of this bridge.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels needing to transit the Alabama
River above mile 205.9. This action will
not have a significant economic impact
on a substantial number of small entities
because these few vessels should be able
to provide adequate advanced
notification of their arrivals as is already
done on this waterway for three other
movable bridges located upstream and
downstream of this bridge.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
57023
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
E:\FR\FM\17SER1.SGM
17SER1
57024
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.101, paragraphs (b) and (c)
are redesignated as paragraphs (c) and
(d), and a new paragraph (b) is added to
read as follows:
■
§ 117.101
12. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
Alabama River.
*
*
*
*
*
(b) The draw of the Meridian and
Bigbee Railroad (MNBR) Bridge, mile
205.9, at Selma, shall open on signal if
at least 24 hours notice is given. An
opening can be arranged by contacting
the Meridian and Bigbee Railroad
Roadmaster at 601–480–5071.
*
*
*
*
*
Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2012–22778 Filed 9–14–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
14. Environment
RIN 1625–AA09
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
tkelley on DSK3SPTVN1PROD with RULES
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Drawbridge Operation Regulation;
Tombigbee River, AL
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
VerDate Mar<15>2010
16:41 Sep 14, 2012
Jkt 226001
33 CFR Part 117
[Docket No. USCG–2012–0179]
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is adding a
regulation to govern the Meridian and
Bigbee Railroad (MNBR) vertical lift
span bridge across the Tombigbee River
at Naheola, Marengo and Choctaw
Counties, Alabama. The bridge currently
remains in the open-to-navigation
position and only lowers for the passage
of trains. This rule codifies the current
schedule as a special operating
regulation.
SUMMARY:
DATES:
This rule is effective October 17,
2012.
Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2012–
0179 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0179 in the ‘‘Keyword’’
ADDRESSES:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this final rule,
call or email David Frank, Bridge
Administration Branch; telephone 504–
671–2128, email David.m.frank@uscg.
mil. If you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On May 1, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulation; Tombigbee River, AL’’ in
the Federal Register (77 FR 25655). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
B. Basis and Purpose
The MNBR vertical lift span bridge
crosses the Tombigbee River at mile
128.6 (Black Warrior Tombigbee
Waterway mile 173.6), Naheola,
Marengo and Choctaw Counties,
Alabama. The bridge is currently
maintained in the open-to-navigation
position, closing only for the passage of
rail traffic. The bridge has a vertical
clearance of 12.2 feet above ordinary
high water (OHW), elevation 64.5 feet,
in the closed-to-navigation position and
55 feet above OHW in the open-tonavigation position. Many of the vessels
using the waterway transit under a fixed
span of the bridge at periods of lower
water due to the difficulty of transiting
the navigation span, which only has a
horizontal clearance of 150 feet between
piers.
Due to the limited number of trains
using the rail line in this area,
maintaining the bridge in the fully
open-to-navigation position and only
lowering the bridge for rail traffic is the
preferred operating schedule. Because
this operating schedule has been in
place for over ten years, and is
understood and accepted by local
E:\FR\FM\17SER1.SGM
17SER1
]]>Agencies
[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57022-57024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22778]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0181]
RIN 1625-AA09
Drawbridge Operation Regulation; Alabama River, AL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
Meridian and Bigbee Railroad (MNBR) swing span bridge across the
Alabama River at Selma, Dallas County, Alabama. Due to the infrequent
requirement to open the bridge for the passage of vessels, the owner
has requested a change allowing the bridge to open only on signal if at
least 24-hours advanced notification is given.
DATES: This rule is effective October 17, 2012.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2012-0181 and are available online by
going to https://www.regulations.gov, inserting USCG-2012-0181 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call or email David Frank, Bridge Administration Branch;
telephone 504-671-2128, email David.M.Frank@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On May 21, 2012, we published a notice of proposed rulemaking
(NPRM)
[[Page 57023]]
entitled ``Drawbridge Operation Regulation; Alabama River, AL'' in the
Federal Register (77 FR 29924). We received no comments on the proposed
rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The MNBR swing span bridge crosses the Alabama River at mile 205.9,
at Selma, Dallas County, Alabama. The bridge is currently maintained in
the closed-to-navigation position, opening only for the passage of
marine traffic. The bridge has a vertical clearance of 26 feet above
ordinary high water in the closed-to-navigation position and unlimited
in the open-to-navigation position. No alternate routes are available.
Due to the limited number of openings of the drawbridge, an average
of one opening per year, the bridge owner requested a change to the
operating schedule that would allow the bridge to open on signal if at
least 24-hour advanced notification is given. Presently, the bridge
opens on signal for the passage of vessels; however, three other
bridges on the waterway open on signal if at least 24-hour advanced
notification is given. The existing bridges are located at mile 105.3,
at Coy, Alabama, and mile 277.8 and mile 293.3, both in Montgomery,
Alabama.
C. Discussion of Comments, Changes, and the Final Rule
As part of the NPRM process, a 60-day comment period was provided
to allow for comments regarding the proposed change. No comments were
received and no changes were made to the rule as proposed.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
Very few vessels will be impacted. Those few vessels should be able
to provide adequate advanced notification of their arrivals as is
already done on this waterway for three other movable bridges located
upstream and downstream of this bridge.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels needing to
transit the Alabama River above mile 205.9. This action will not have a
significant economic impact on a substantial number of small entities
because these few vessels should be able to provide adequate advanced
notification of their arrivals as is already done on this waterway for
three other movable bridges located upstream and downstream of this
bridge.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 57024]]
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.101, paragraphs (b) and (c) are redesignated as
paragraphs (c) and (d), and a new paragraph (b) is added to read as
follows:
Sec. 117.101 Alabama River.
* * * * *
(b) The draw of the Meridian and Bigbee Railroad (MNBR) Bridge,
mile 205.9, at Selma, shall open on signal if at least 24 hours notice
is given. An opening can be arranged by contacting the Meridian and
Bigbee Railroad Roadmaster at 601-480-5071.
* * * * *
Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-22778 Filed 9-14-12; 8:45 am]
BILLING CODE 9110-04-P
